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All Journal Khairun Law Journal JISIP: Jurnal Ilmu Sosial dan Pendidikan Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam JIHAD : Jurnal Ilmu Hukum dan Administrasi KHAIRUN LAW JOURNAL Proceeding of International Conference Health, Science And Technology (ICOHETECH) Riwayat: Educational Journal of History and Humanities Blantika : Multidisciplinary Journal
Aryono, Aryono
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Religion Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Public Health Social Sciences

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Journal : JIHAD : Jurnal Ilmu Hukum dan Administrasi

 1 
Juridical Analysis of Judges' Considerations in Denying the Rights of Restitution to Victims of Human Trafficking Crimes (Study Decision No. 359 / Pid.Sus / 2020 / PN Cbi) Dharmawan, Nancy Natalia; Santoso, Aris Prio Agus; Aryono, Aryono
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 2 (2024): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v6i2.6939

Abstract

The implementation of providing restitution is not easy for the court to grant. assist in fulfilling the rights of restitution to victims because prosecutors in carrying out loans have difficulty presenting evidence of expenditure to determine the size of compensation. Settlement case No. 359 /Pid.Sus/2020/PN Cbi is one of the cases where the panel of judges rejected the request for restitution requested by public submission. This research aims to determine the legal provisions governing restitution as a right for victims of human trafficking crimes in Indonesia, analyze the considerations of judges who deny the right to restitution for victims of TIP and enforce the judge's decision that refuses to grant the right to restitution for victims of TIP in the case of Decision No. 359 / Pid.Sus / 2020 / PN Cbi. This research is included in normative juridical research with data obtained from literature studies or library research. The results of this research are that the legal provisions governing restitution as a right of victims of criminal acts of human trafficking in Indonesia are regulated in Article 48 of Law 21/2017 which basically regulates a series of mechanisms for implementing provisions for providing restitution for criminal acts of human trafficking. The panel of judges was correct in providing a legal opinion in rejecting the request for restitution. This causes general lending to not follow the terms, procedures and procedures for requests for restitution, and the panel of judges cannot decide on its own general order regarding the amount of restitution without being based on the provisions regarding restitution which are considered correct and in accordance with applicable regulations so that the panel of judges must request restitution. what is being requested is not in accordance with the applicable law and the impedance of a judge's sentence who refuses to grant a TIP victim the right to restitution. The victim will suffer either physical injury or physical or mental deterioration due to the absence of compensation given to him as a victim of the criminal act of trafficking in persons. 
Juridical Review of the Phrase "Unlawful" in Decisions on Corruption Crimes in State-Owned Legal Entities Purba, Marisi P.; Santoso, Aris Prio Agus; Aryono, Aryono
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 3 (2024): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v6i3.7251

Abstract

In several court decisions in cases of criminal acts of corruption in State-Owned Enterprises (SOE), the phrase "against the law" is in Article 2 paragraph 1 of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes as amended based on Law Number 20 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes (Anti Corruption Act) is interpreted broadly by referring to the explanation of these regulations. Because it relates to an offense, the phrase "against the law" should be interpreted by taking into account the principle of legality, the principle of nullum delictum nulla poena sine previa lege poenali. The use of a broad interpretation of the phrase "against the law" results in unclear differences between unlawful acts in the context of civil law and (onrechtmatige daad) and unlawful acts in the context of criminal law (wederrechtelijkheid). This results in the risk of criminalization of SOE officials, giving rise to fear in making business decisions. The formulation of the problem in this research is how to interpret the phrase "against the law" in article 2 paragraph (1) of the Corruption Law when it is related to cases of criminal acts of corruption in SOE and what is the judge's interpretation of the phrase "against the law" in decisions court for criminal acts of corruption in SOE. The research method used is a research method with a normative juridical approach. The results of the research show that the phrase "against the law" is interpreted broadly in the explanation of article 2 paragraph (1) of the Corruption Law, and judges in several corruption crime decisions interpreted the phrase "against the law" broadly, resulting in violations of the Standard Operating Procedure, Work Plan and The Company's Articles and other internal company regulations are interpreted as unlawful acts that can be considered a criminal act of corruption.
An Analysis of Court Decisions Regarding Applications for Interfaith Marriage (Comparative Study of Decisions Number 131/Pdt.P/2021/PN Jkt.Sel and Number 122/Pdt.P/2020/PN.PTI) Manalu, Gibson; Aryono, Aryono; Habib, Muhamad; Santoso, Aris Prio Agus
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 3 (2024): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v6i3.7253

Abstract

The emergence of differences in views regarding whether or not interfaith marriages are permissible in Indonesia because it has not been clearly regulated in the Marriage Law has led several people to apply for interfaith marriages. The aim of this research is to find out the legal basis and considerations of judges in handing down decisions on interfaith marriages in the District Court and the implications of the judge's decisions on these marriages. This research is normative juridical research which is based on several laws and regulations regarding marriage. The results of this research explain that (1) Decision Number 131/Pdt.P/2021/PN Jkt.Sel is an application for permission to register interfaith marriages which was granted by the South Jakarta District Court, where the judge thought there was a lack of explanation of the law because in The law does not expressly prohibit interfaith marriages. The judge's consideration in deciding this case was because he understood Article 2 paragraph 1 of the Marriage Law Number 1 of 1974, which states that marriage is valid according to the laws of each religion and belief. Meanwhile, determination Number 122/Pdt.P/2020/PN.PTI is an application for a marriage permit which was rejected because this application was deemed to contain formal defects so it could not be accepted (niet on vankelijke verklaard). (2) The legal implication of the decree being granted is that there is no problem because legally it is permissible to carry out interfaith marriages. This includes the relationship between husband and wife and their children, which is regulated in law and has permanent legal force. Meanwhile, the implication of a rejected decision regarding the validity of the marriage is that it is invalid and all legal consequences arising from the marriage are not recognized.
Co-Authors Adityo Putro Prakoso ANGGI KHAIRINA HANUM HASIBUAN Aris Prio Agus Santoso Destyarini, Normalita Dharmawan, Nancy Natalia Evi Elisanti, Evi Gibson Manalu Habib, Muhamad Karomah, Qori Lestari, Tri Indah Luthfiyyah, Atsarina Prastyanti*, Rina Arum Priyo Agus Santoso, Aris Purba, Marisi P. Saputro, M Susilo Agung Styaningsih, Rahayu Utami Syahrul Syahrul Umar Faruk Yulifa, Windy Ratna